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B-206535 1 (1983-03-08)

handle is hein.gao/gaobadkxu0001 and id is 1 raw text is: I __ THE COMPTROLLER GENERAL DECISION OF THE UNITED BTATE8 WASHINGTON. D.C. 20548 FILE: B-206535 DATE: March 8, 1983 MATTER OF: Physicians Comparability Allowance DIGEST: As the result of misinformation two Panama Canal Commission physicians, whose earlier service agreements expired September 30, 1981, did not execute new service agreements entitling them to a physicians comparability allowance under 5 U.S.C. section 5948 until March 8, 1982. The agreements may be regard- ed as in effect retroactive to October 1, 1981. Legislation enacted December 29, 1981, extending authority to execute new agreements to period subsequent to September 30, 1981, was intended to be given effect retroactive to October 1, 1981, and physicians' failure to execute new agreements until March 8, 1982, falls within standards set forth in B-192338, September 19, 1978, in which service agreements executed under the similar authority of 37 U.S.C. 313 (1976) were held to be retroactive. Mr. D. P. McAuliffe, Administrator, Panama Canal Commission (Commission), has requested our decision as to whether the Commission may pay two of its employee physi- cians comparability allowances for service prior to March 7, 1982, the date they executed service agreements required by 5 U.S.C. 5948 (Supp. IV, 1980), as amended by the Act of December 29, 1981, Public Law 97-141, 95 Stat. 171. For the reasons stated below, we conclude that the employees may be paid the physicians comparability allowance for that period retroactive to October 1, 1981. Section 5948(a) provides that the head of an agency: * * * may enter into a service agreement with a Goverment physician which provides for such physician to complete a specific period of service in such agency in return for an allowance for the duration of such agreement in an amount to be determined by the agency head and specified in the agreement * * *.

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